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Vacation pay accrual payout

 
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squiggs



Joined: 19 Feb 2003
Posts: 12

PostPosted: Sun Oct 25, 2015 8:37 am    Post subject: Vacation pay accrual payout Reply with quote

Hi folks,

What is the official scoop on receiving accrued vacation pay when leaving a company? Is it true that you need to give 30 days notice to receive it or should it be a mandatory pay out upon departure? Having a minor disagreement with an employer. It's a couple weeks worth so it's not chump change. I didn't provide 30 days notice as I am undecided about returning after a visa run next week. Any pointers appreciated!
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nomad soul



Joined: 31 Jan 2010
Posts: 11454
Location: The real world

PostPosted: Sun Oct 25, 2015 9:13 am    Post subject: Reply with quote

There generally isn't "accrued," monthly vacation pay. It's also unclear what you mean by a "mandatory pay out." Besides, you're on a work visit visa and have only been with this sponsor since July. It's doubtful you'll get anything.
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squiggs



Joined: 19 Feb 2003
Posts: 12

PostPosted: Sun Oct 25, 2015 10:34 am    Post subject: Reply with quote

Here since April. Work visit visa with any other work visa accrues payable vacation time. 2.5 days per month in my case. Was paid out 7.5 days for my first April to July visa validity period before returning home on a visa run. Looking to receive the additional 7.5 this time around as well.

Nomad, the question is pretty straightforward. By Saudi labor law regulations, is the employer legally obligated to pay with/without giving 30 days tendered notice
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nomad soul



Joined: 31 Jan 2010
Posts: 11454
Location: The real world

PostPosted: Sun Oct 25, 2015 12:00 pm    Post subject: Reply with quote

squiggs wrote:
Nomad, the question is pretty straightforward. By Saudi labor law regulations, is the employer legally obligated to pay with/without giving 30 days tendered notice

In answer to your question about your situation, no. Your sponsor is under no legal obligation to pay you even if it's otherwise stated in writing. You'll have to hash it out with the sponsor.

For starters, I was pointing out the fact that you don't have employee status per the Saudi labor law. Specifically, you're on a work visit visa and don't qualify for an iqama. Therefore, the company is not your legal employer nor are your "employment" contract terms and conditions relevant to the Saudi labor law or enforceable in Saudi court.

The Ministry of Labor's Guidebook for Expatriates states:

Quote:
Part three: 1) An employer shall issue residence permit (Iqama) & work license for the worker he recruits within 90 days from the date of the worker's arrival at the Kingdom.
....

All workers must hold residence permit (Iqama) & work license during their travel within the Kingdom and to show them to the concerned government bodies including labour office officials and passport police.

Additionally, for those bona fide employees/iqama holders...

Quote:
Part five:
4) After completing one year of work with the employer a worker shall be entitled to a prepaid annual leave of not less than twenty one days, to be increased to a period of not less than thirty days if the worker spends five consecutive years in the service of the employer. The worker and the employer may agree upon a period more than stated above if it is stipulated in the work contract or in the firm work organization regulation. The employer shall have the right to determine the beginning of his employees' vacations according to the work requirement. The worker may, after his employer's approval, have an unpaid vacation for a period to be agreed upon by the two parties. The work contract shall be deemed suspended for any period which exceeds 20 days of this vacation unless otherwise agreed upon.
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